A War Crime
by suzie2b
Summary: It started with a question. Who gets medical help first? A badly wounded German or an American with a less serious injury.


**Disclaimer: **_**The Rat Patrol**_** is not my property. They come out to play sometimes, then I send them home.**

**Author's note: "A war crime is an act that constitutes a serious violation of the laws of war that gives rise to individual criminal responsibility. Examples of war crimes include intentionally killing civilians or prisoners…"**

**A War Crime**

**By Suzie2b**

**The Rat Patrol heard a call for help from an Allied convoy. They were the closest to the coordinates given and Troy gave the order to move out. However, by the time they got to the convoy it was all over. Trucks and supplies lay in ruin or were ablaze. The Germans that had done the deed were nowhere to be seen.**

**Troy sighed. "Let's see if there are any survivors. I'll radio what we've found to headquarters.**

**Moffitt, Tully, and Hitch began the grim task of checking the bodies and collecting the dog tags of the dead.**

**A few minutes later Tully called, "Hey, sarge! I found a live one!"**

**Moffitt hurried over to where Tully was and discovered a wounded German soldier at his feet. The sergeant knelt and checked the man's pulse as he surveyed the bullet wounds in his torso. "It doesn't look good I'm afraid." Moffitt looked up at Tully and said, "However, I'll see what I can do. Go fetch a medical kit."**

"**Right."**

**Tully jogged over to the jeeps and retrieved a med kit, but before he turned back he decided to grab the surgical kit Moffitt insisted on carrying. As Tully reached for the second kit, he heard a vehicle and turned to see an American truck coming their way at a high rate of speed.**

**#################**

**The truck slid on the loose sand as it came to a stop. A soldier quickly jumped out from behind the wheel and started toward Moffitt as he said urgently, "My lieutenant's been wounded!"**

**Tully joined them and handed the medical kits to Moffitt, who said, "Tully, check on the lieutenant and see how bad it is."**

**Tully turned and walked passed the other private towards the truck's passenger side. That's when the newcomer noticed the man Moffitt was working on was German. Anger drew his eyebrows together as he growled, "I told you my lieutenant is wounded."**

**Moffitt didn't look up as he said, "So is this man. Private Pettigrew is checking on the lieutenant and will report his condition to me…"**

"**You're working to save an enemy soldier while one of our guys is suffering?" Before Moffitt could form a reply, he was shoved aside and a shot was fired. "There, now you can take care of Lieutenant Casey."**

**Tully rushed to Moffitt's side and helped him to his feet. "You okay?"**

**Moffitt nodded and said, "I'm afraid I can't say the same about our prisoner."**

**As they looked at the now dead German, Troy and Hitch appeared and Troy asked, "What happened?"**

**Moffitt said, "I was working on this man here when this truck arrived…" He pointed the private. "This one wanted me to help his lieutenant instead, so he shot the prisoner in the head."**

**Troy glared at the private. "Name?"**

"**Private Thomas Anderson."**

"**How bad is the lieutenant's injury?"**

**Tully said, "Bullet to the shoulder. The bleeding had already stopped."**

**Troy looked from the dead German back at Anderson and said, "This man was seriously wounded, but possibly could've been saved. You shot him in the head so Sergeant Moffitt could look at a shoulder wound … why?"**

**Private Anderson sneered, "He probably would've died anyway."**

**Troy took a deep breath to try to calm himself before he said, "It's against the Geneva Conventions to murder a prisoner of war."**

"**I just put the guy out of his misery."**

"**It's a war crime, private. One you're going to have to pay for." Troy reached out and took the pistol away from Anderson as he continued, "Moffitt, go take care of the lieutenant. Tully, get back to work. Hitch, go get those German handcuffs and tether Private Anderson to the backend of the truck in the shade."**

**Anderson frowned. "What? You can't…"**

"**I can and I will! You, private, are relieved of duty and will be formally arrested and charged when we get back to headquarters!"**

**Hitch silently hurried to the jeep and found the set of cuffs that he'd had to wear for a short time when he was captured during their last mission. He met Troy and Anderson at the back of the truck, placed one of the cuffs on the private's wrist and the other through an eyebolt used to tight down the canvas cover of the truck.**

**Anderson snarled, "German cuffs, huh? Where'd you get 'em?"**

**Hitch replied, "None of your business. Now sit down and shut up."**

"**I'd rather stand."**

"**That's your choice.  
**

**Troy said, "Let's go finish the job at hand Hitch. Headquarters is sending a burial detail."**

**Hitch walked away and Troy went around to see how Moffitt was doing with his patient. Lieutenant Casey grimaced as Moffitt worked to get the bullet out, and asked, "What's going on, sergeant?"**

**Troy replied, "Private Anderson murdered a wounded prisoner of war, sir. I've relieved him of duty."**

**Casey hissed with pain, then said angrily, "Anderson didn't 'murder' him. He was the enemy."**

"**Enemy or not, you know as well I do that intentionally killing a prisoner of war is against the laws of war. He will be charged with a war crime." Troy asked, "How's he doing, Moffitt?"**

**The sergeant said tersely as he continued to work, "Lieutenant Casey should make a full recovery."**

**#################**

**As it turned out, Lieutenant Casey and Private Anderson were the convoy's only survivors.**

**While Captain Arnold's men went to work to bury the dead, he asked, "Why is that man handcuffed to the truck, sergeant?"**

**Troy handed over the dog tags he and his men had collected as he explained, "He murdered a wounded prisoner of war, sir. I relieved him of duty."**

"**I see. That's a serious charge. Did you see it happen?"**

"**No, sir, but Sergeant Moffitt did. Plus Private Anderson admitted to pulling the trigger intentionally."**

**Arnold gave a nod and said, "All right. I'll make sure he's locked up when we get back to Ras Tanura, but you and Sergeant Moffitt will have to hand in your reports on the incident before Anderson can be formally charged with a war crime."**

**Troy said, "The reports will be on Major Gleason's desk first thing in the morning, captain."**

"**Very well. You can go about your business, sergeant. Captain Boggs told me you're patrolling Sector H today. Things are under control here."**

**Troy handed a key to the captain. "Yes, sir. This is the key to the handcuffs."**

**#################**

**When they had finished their patrol, the Rat Patrol returned to Ras Tanura. As they got out of the jeeps in the motor pool, one of the mechanics walked over to Troy and said, "Captain Boggs sent word that he wants to see you ASAP."**

**Troy sighed. "All right. Care to join me, Moffitt? I'm pretty sure I know what it's about."**

**With a slight smile Moffitt nodded and said, "It would be a pleasure."**

**Troy turned to Hitch and Tully. "Restock the jeeps, then you can go get something to eat."**

**#################**

**Troy and Moffitt were sitting in Captain Boggs' office when the captain gave them the news. "Private Anderson escaped before Captain Arnold and his men could get back here to lock him up."**

**Troy growled, "How did he get away, sir? Didn't he use the handcuffs we left behind?"**

"**According to Captain Arnold, they had stopped for water. Anderson was handcuffed inside one of the trucks with a guard standing outside. He must have picked the lock on the cuffs somehow, knocked the guard unconscious, and disappeared with the guard's gun, ammunition, and a canteen."**

**Moffitt asked, "What about Lieutenant Casey, sir? I saw him on a stretcher being loaded into the back of a truck just before we left to resume our patrol. Were he and Private Anderson in the same truck?"**

**Boggs looked at the report and nodded. "Yes, apparently they were … why?"**

"**The lieutenant wasn't too happy about the private being relieved of duty. He didn't seem to think Anderson committed a crime, sir."**

"**Are you thinking Casey somehow helped Anderson escape?"**

**Moffitt said, "If he didn't, why didn't he alert the guard as to what was going on? He was conscious."**

**Boggs said, "That's a good question. And one that should be taken up with the lieutenant immediately."**

**Troy asked, "Is he in the hospital, captain?"**

"**According to this report he'll be there until tomorrow sometime."**

**#################**

**At the hospital, Troy asked where Lieutenant Casey's bunk was. Nurse Vicky turned and pointed it out as she said, "I just walked by him. He appeared to be asleep."**

**Troy asked, "Is it all right to wake him?"**

"**Is it important?"**

"**Very."**

**Vicky thought for a moment, then said, "Okay, but he needs to rest if the doctor's going to let him out tomorrow."**

**Troy nodded. "We only need a few minutes."**

**Troy and Moffitt stood next to Lieutenant Casey's bed. He was a bit pale as he lay there with his eyes closed. Troy gently shook the lieutenant's uninjured shoulder until his eyes opened, then said, "We need to speak to you, lieutenant."**

**Casey frowned with a sigh. "What's so important it can't wait until tomorrow, sergeant?"**

"**You are aware that Private Anderson escaped custody, sir?"**

"**I was informed of it, yes. I can't say I'm too upset about it."**

**Troy glanced at Moffitt, then said, "According to the report you and Anderson were riding in the same truck for the trip back here."**

**Casey said, "That's right. He'd been handcuffed to a side railing."**

"**Did you see how Anderson got loose, sir?"**

"**I really wasn't paying much attention, sergeant. I was in a great deal of pain after Sergeant Moffitt dug that bullet out of my shoulder."**

**Moffitt smiled inwardly and asked, "To the point, lieutenant. Did you in any way assist Private Anderson in his escape?"**

**Casey growled indignantly, "Of course not! And how dare you make such an accusation!"**

**Troy said cautiously, "So you didn't give the private anything he could use to get out of the handcuffs?"**

"**I did no such thing, sergeant! Now get out of here so I can rest."**

**Moffitt pushed a bit further. "If I may, sir. Why didn't you call out to the guard?"**

**Casey snarled, "I wasn't aware that he was escaping until I heard him knock the guard out. I saw him jump out of the truck. To be honest, I was glad to see him get out and silently wished him luck."**

**The sergeants looked at each other with raised eyebrows. Troy said, "All right, lieutenant. We'll go now, but we may need to talk to you again…"**

"**You will do no such thing!" Casey gingerly adjusted his arm in the sling and said angrily, "I'm going to put you both on report for this line of questioning! You'll be charged with insubordination!"**

**Troy sighed. "Yes, sir." He and Moffitt strode out of the hospital and Troy asked, "What do you think?"**

**Moffitt walked next to his friend and said, "I think he's lying."**

**Troy nodded his agreement. "Somehow Lieutenant Casey had a hand in Anderson's escape."**

"**Shall we start our search at the waterhole Captain Arnold stopped at?"**

"**Yeah, but it's too late now. Let's find Hitch and Tully. We'll fill them in so they know how to restock the jeeps and we can leave first thing in the morning."**

**#################**

**The Rat Patrol arrived at the waterhole before noon. They searched it thoroughly, but didn't find one Private Thomas Anderson … not that it surprised them. They did, however, find tracks of someone on foot leaving the waterhole.**

**Hitch said, "That has to be him, sarge."**

**Troy stared out in the direction the tracks went and nodded. "Yeah. What's out there?"**

**Moffitt replied, "Let's check the map." He got the map bag and retrieved the one that included the waterhole. After spreading it on the hood of one of the jeeps, Moffitt put his finger on a spot. "This is where we are now. The tracks are going southeast. There doesn't appear to be much out there except this series of rocky hills and another waterhole."**

**Tully said, "He could easily walk that distance. If he left here after dark, he should be there by now."**

**Troy agreed. "Okay, let's shake it."**

**They followed the tracks until they'd been obliterated by sand and wind. Then the four Allies continued moving southeast until they could see the hills in the distance like craggy granite monoliths in an otherwise empty desert.**

**#################**

**There were three distinct hills sitting side-by-side as if they were one. They appeared to have forced themselves straight up out of the earth, then toppled to one side, nearly on top of each other. The side the jeeps approached on was sheer with not even a hand or foot hold.**

**They stopped at the base and Hitch pushed his kepi back on his head as he looked up at the cliff. "Anderson sure didn't go up on this side."**

**Troy shook his head and asked, "What's it look like on the map?"**

**Moffitt was already checking. "It appears that the waterhole is up on that hill to the west … perhaps near the peak. There must be a trail up over there."**

"**Okay, let's see if we can find it."**

**Hitch and Tully maneuvered the jeeps around until they came across an opening between boulders. Troy and Moffitt investigated and discovered there was indeed a trail leading uphill. When they returned, Troy said, "We'll have to walk. Move the jeeps and cover them. We'll take the machine guns, extra ammo, and one canteen each."**

**As the two privates pulled the camouflage traps down around the jeeps, Tully inquired, "How're we gonna do this, sarge?"**

**Troy replied, "First we find the waterhole. Maybe we'll get lucky and find Anderson hiding there."**

**Troy, Moffitt, Hitch, and Tully walked up the trail in single file – there wasn't enough room to do anything else – and kept their eyes open for any movement. When the hill leveled out, they found some scraggly trees and bushes.**

**Moffitt gave a nod. "This should be our waterhole."**

**It was little more than a small pool where water bubbled up from a wide crack in the rock. Hitch and Tully quickly topped off the canteens while Troy and Moffitt checked the area for evidence of Anderson.**

**When they regrouped, Moffitt said, "This is a fairly well used area. There are footprints and animal tracks all over."**

**Troy agreed and said, "We'll fan out and have a look around. I don't know why, but I have a hunch Anderson is here waiting for something … or someone. And remember he's armed, so be careful. We meet back here in an hour."**

**The four Allies separated and went in different directions. They'd have to search behind every boulder and bush, knowing that Anderson could be anywhere watching any one of them.**

**#################**

**Tully checked his watch with a sigh. He needed to head back to the waterhole if he was going to make it back on time. He only hoped Troy, Moffitt, or Hitch was having better luck.**

**As Tully retraced his steps, he again carefully checked for any sign of Anderson … just in case. As the waterhole came into view, he spotted Hitch, who had gotten there just ahead of him, with his back to him. Then Tully saw a movement. He stopped dead in his tracks and waited. A good fifty yards in front of him someone stepped out of the cover of one of the trees.**

**Hitch looked at his watch, knowing his friends would return soon. All of a sudden he heard two shots ring out and searing pain blossomed in his left arm. Hitch let himself fall to the ground, then managed to turn to see Tully running in his direction and stopping to kneel next to a body.**

**As Hitch got to his feet, Tully hurried over and questioned, "You okay?"**

**Hitch nodded as he covered the bleeding wound with his right hand. "Yeah, thanks to you. Is it Anderson?"**

**Tully moved Hitch's hand to check the injury. "Yeah. He's dead." He tore open the sleeve and said, "Looks like a graze."**

**Having heard the shots, Troy and Moffitt ran back to the waterhole. They stopped at Anderson's body. Moffitt knelt to check for a pulse and Troy asked, "What happened?"**

**Tully was getting a roll of gauze from the first aid kit on his belt as he said, "I was just getting back. Hitch was already here. I saw Anderson step out into the open in front of me and take aim at his back. I got a shot off the same time Anderson did." Tully started to bandage his friend's arm. "His bullet grazed Hitch's arm."**

**Moffitt stood up. "Too bad he's dead. Now we'll never know where he was intending to go."**

"**I didn't mean to kill him…"**

**The sergeants joined the privates and Troy said, "You didn't have much of a choice, Tully." He looked at Hitch. "How's it feel?"**

**Hitch said, "It's okay, sarge. I'll get some aspirin when we get to the jeeps."**

**Moffitt was thinking and said, "Troy, you said you had a 'hunch' that Anderson was waiting for someone."**

**The sergeant nodded and said, "Yeah … why?"**

"**Well, if he was, that person won't know Anderson is dead and will still be coming. We have time. Why not see if someone shows up?"**

**A slow smile appeared on Troy's lips. "Good idea."**

**#################**

**It was well after dark, but the full moon lit up the desert in indigo light that allowed the men on the hill to see if anyone was coming. It was nearly midnight when Tully caught sight of movement. He used the binoculars to check and saw a jeep speeding towards the hills.**

**Tully hurried back to the waterhole and reported, "A jeep's comin', sarge."**

**Troy asked, "How far?"**

"**With the walk up the trail I'd say he should be here in ten to twenty minutes."**

**Moffitt asked, "Could you tell who's in it?"**

**Tully shook his head. "The moon's bright, but not that bright."**

**Troy said, "All right, let's take up positions and wait."**

**About fifteen minutes passed before they could make out the sound of walking coming up the trail, then a flashlight beam just ahead of someone as they entered the small clearing. The light went out and a voice called quietly, "Thomas! It's me!" Troy stepped out from behind a tree, but didn't say anything. The other man heard the movement and spun around. With relief in his voice as he said, "Come on, we have to get out of here."**

**Troy flipped a flashlight on and said, "Private Anderson won't be going anywhere, Lieutenant Casey."**

**Trying to block the light that was blinding him, Casey demanded, "Who are you?"**

**As Moffitt, Hitch, and Tully left their hiding places as Troy lowered the beam of light and said, "Sergeant Troy. Remember us?"**

"**What are you doing here?"**

"**I was going to ask you the same question."**

**Moffitt stepped up beside Troy while Tully came from behind the lieutenant and confiscated his gun. Hitch stood to one side with his machine gun at the ready.**

**Moffitt said, "As for Private Anderson, I'm afraid he's dead, lieutenant."**

**Casey frowned. "Dead…"**

**Tully growled, "He was about to shoot my friend in the back and I couldn't let him do it."**

**Troy said, "Tully, get a fire going. Hitch, did you bring that rope up from the jeep like I asked?"**

**Hitch didn't take his eyes off the lieutenant as he replied, "Yeah, sarge, it's in the box with the other stuff."**

"**Go get it. We'll tie up Lieutenant Casey for the night."**

**Moffitt positioned his gun on the prisoner as Hitch walked away and Casey stammered, "Tie me up? You can't…"**

**Troy grabbed Casey by the arm that wasn't in a sling and led him over to where Tully was just setting a lit match to the tender under the wood. Troy said, "Have a seat, sir. We're going to have a little talk while we wait for sunup."**

**Casey sat down on the ground. "I don't have anything to say to you, sergeant."**

"**I'm curious, lieutenant. Why did you help Private Anderson escape?" Casey glared up at the sergeants as Hitch began to tie the lieutenant's hands behind him and Troy said, "There had to be a reason."**

**Still nothing, just a grimace of pain as his injured shoulder was pulled back.**

**Moffitt said, "You sent him here to wait for you. Obviously you were planning to go AWOL." The lieutenant looked away. "Why?"**

**Finally, Casey's shoulders slumped and he let out a pained sigh. "Thomas and I spent a lot of time together because of the convoys. We discovered that we're like minded about the war. We both admitted that we'd had enough and decided to find a way to get out." He looked up the two sergeants and said, "We hadn't planned to go AWOL, but the last straw came when you were helping that German soldier knowing I was wounded and waiting in that truck."**

**Moffitt frowned. "He was seriously wounded. That's why I sent Private Pettigrew to check on you first."**

"**You would have let me bleed to death rather than give me medical aid ahead of the enemy!"**

**Tully said, "You weren't bleeding, sir."**

**Casey snarled, "The point is, a German should not have come before an American!"**

**Troy asked, "How'd Anderson get out of the handcuffs?"**

"**Lock picking tools … he always carried them. I told him to use them to get away. I was looking at a map when the convoy got hit and shoved it in my pocket to grab a gun. These hills were on the map and it was marked with this waterhole. I told Thomas to get here and wait until I came to pick him up in a day or two."**

"**So, this whole thing just basically fell into your lap when Captain Arnold stopped for water. Where were you going next?"**

**Casey said, "I figured we could go to the coast and steal a fishing boat."**

**Moffitt said, "Interesting plan."**

"**Were you really going to have Private Anderson charged with a war crime?"**

**Troy didn't hesitate when he said, "Yes. He murdered a prisoner of war."**

**Casey shook his head with disgust, then asked, "Since I'm sitting here tied up, I'm assuming I'm under arrest. What are you going to charge me with?"**

"**I'll let the Judge Advocates decide that."**

**#################**

**In time there were legal inquiries into the incidents and Troy, Moffitt, Hitch, and Tully were each questioned separately to make sure their stories matched.**

**Lieutenant Casey was found guilty of encouraging a war crime by association with Private Thomas Anderson and aiding and abetting in the escape of a prisoner with the intention of going AWOL. Casey was sent to the Military Corrections Complex at Fort Leavenworth.**

**No charges were sought in the shooting death of Private Anderson.**

**The Rat Patrol left Captain Boggs' office after being told of Casey's fate. Moffitt said, "I'm glad that's over."**

**The others agreed and Tully said, "I'm just glad I didn't get in trouble for killing Anderson."**

**Troy asked, "Why would you think that?"**

"**It was the look JAG officer gave me when I explained why I shot Anderson. He looked angrier then he did when he first walked in the room … and that was pretty angry. I was sure he was gonna charge me for murder of something."**

"**JAG officers always look angry. That's their job."**

**Hitch said, "Well, I'm one person who's glad you were there that day, Tully."**

**Moffitt smiled. "We're all glad of that."**

**Tully gave a slight smile and rolled the matchstick in his teeth. "Thanks guys."**

**Troy said, "Yep, we have to watch each other's backs."**

**Hitch slapped Tully on the shoulder. "We have to because there isn't anyone else that can do it better."**


End file.
